The main legal point established in the judgment is that the conditions for employment regularization as per the relevant agreements and statutory provisions must be met, and the application of legal doctrines such as the Dead Letters Doctrine is subject to the specific facts and circumstances of the case.

AJAY KUMAR TRIPATHI, J.

1. Heard learned Senior Counsel for the appellants, counsel for the respondent University and the State.

2. There were three writ applications, which were taken up together and were disposed off by a common order dated 06.08.2014. Only two LPAs. came to be filed. No LPA has been preferred in C.W.J.C. No. 5871 of 2008.

3. So far the present appellants are concerned, there were 11 petitioners in C.W.J.C. No. 15597 of 2006, but only 8 chose to prefer the LPA because some of the petitioners are stated to be dead. There is a long history behind the present litigation and this is not the first of its kind. The origin of the present dispute relates to the period when T.P. Verma College, Narkatiaganj became a constituent unit of B.R. Ambedkar, Bihar University, Muzaffarpur. As usual, a clamor to get on to the bandwagon to become a Government servant with all the perks and privileges started which lead to a mad scramble to get into the institution and show themselves as employees duly appointed either on Class-III or Class-IV post. Since for a long period of time no clear status was emerging about a large number of employees, way back in the year 1992, one Mr. Rafi Ahmad and others (petitioners in C.W.J.C. No. 5820 of 1992 and other analogous cases) filed writ applications for absorption and regularization of their service under the T.P. Verma College. The Court disposed off the writ application with a direction upon the University and the State authorities to consider their cases in terms of the staffing pattern as laid down in a Full Bench decision, which was the case of Braj Kishore Singh Vs. State of Bihar, reported in 1997(1) PLJR 509.

4. Deliberation was done and on the basis of inputs provided by the College as well as the University an order dated 07.12.2005 was issued by the erstwhile Human Resources Development Department (Higher Education), Government of Bihar. Claim of these appellants was rejected primarily on the ground that no inputs or information relating to their appointment or engagement was provided either by the College or University or that if such appointment at all was made it was held to be suspicious, so were declared ineligible.

5. Much arguments were made on behalf of these appellants. Efforts were made to show that there was due advertisement. Process of selection by interview was carried out by the College authorities, and, therefore, their appointment was as valid as some of the other cases who have earned regularisation. However, on a very critical analysis of the facts and assertions, the learned Single Judge had this to say in the following paragraphs :

“10. This is not in dispute that the State Government had decided to convert 108 Colleges, affiliated to different Universities of the State of Bihar, into constituent Units of the concerned Universities vide letter No. 882 dated 24.7.1980. Subsequently, by a communication dated 24.1.1981 the State Government decided to convert 30 more affiliated Colleges including the present College as constituent Unit of the concerned University. The present T.P. Verma College was converted into constituent Unit of the then Bihar University, Muzaffarpur (Now Baba Saheb Bhim Rao Amebdkar University, Muzaffarpur). It was specifically mentioned in the said letter dated 24.1.1981 that the conditions as contained in letter no. 881 & 882 dated 24.7.1980 by which 108 Colleges were decided to be made constituent Units shall apply also to the present 30 Colleges being converted into constituent Units of the Universities. The date, 12.7.1980 is of great relevance for the adjudication of the present cases as that was the cut off date fixed by the State Government in the letter No. 881 dated 24.7.1980 and employees appointed till that date by the Governing Bodies of the affiliated Colleges were decided to be absorbed upon conversion of such Colleges into constituent Units. There cannot be a dispute that this College was also converted into a constitue